Garuda - Garba Rujukan Digital

Tantangan Penegakan Hukum dalam Mewujudkan Keadilan melalui Strategi Adaptasi dan Inovasi di Era Distrupsi Putra, Rengga Kusuma; Ikawati, Linda; Idris, Maulana Fahmi
Syariati: Jurnal Studi Al-Qur'an dan Hukum Vol 10 No 2 (2024): SYARIATI : Jurnal Studi Al Qur'an dan Hukum
Publisher : Fakultas Syari'ah dan Hukum (FSH) UNSIQ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32699/syariati.v10i2.7126

Penelitian ini membahas transformasi tantangan hukum di era disrupsi menjadi instrumen penegakan hukum yang berkeadilan, dengan fokus pada strategi adaptasi dan inovasi di tengah perkembangan teknologi. Penelitian ini menemukan bahwa adaptasi terhadap teknologi tidak hanya meningkatkan efisiensi penegakan hukum tetapi juga memungkinkan terciptanya keadilan yang lebih inklusif. Transformasi tantangan hukum di era disrupsi menjadi instrumen penegakan hukum yang berkeadilan melalui strategi adaptasi dan inovasi di tengah perkembangan teknologi meliputi perkembangan teknologi yang sangat pesat sehingga menimbulkan berbagai permasalahan seperti kejahatan cyber crime, privasi dan keamanan data serta teknologi ai untuk menjawab itu semua hukum harus melakukan perubahan di berbagai sektor seperti perubahan terhadap regulasi undang-undang meningkatkan sumber daya penegak hukum dan melakukan riset di bidang hukum.

KEBEBASAN BERSERIKAT DAN BERKUMPUL DALAM PERSPEKTIF HAK ASASI MANUSIA Tarmudi, Tarmudi; Widagdo, Gatot Subroto; Putra, Rengga Kusuma; Saragih, Geofani Milthree; Amelia, Risky
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10654

This study aims to analyze freedom of association and assembly from a human rights perspective, and explore the challenges faced in its implementation in various countries. The scope of the study includes a review of various cases of violations of the right to freedom of association and assembly, both in countries with democratic and authoritarian systems. In addition, this study will also discuss the role of international organizations and civil society in promoting and protecting these rights. This study will not only discuss the theory and basic principles of freedom of association and assembly, but will also dig deeper into how these rights are implemented in practice, the challenges faced, and steps that can be taken to strengthen the protection of these freedoms throughout the world. This study is expected to make a significant contribution to understanding the complexity of freedom of association and assembly and its impact on human rights as a whole. This study uses a qualitative approach with a case study design. The qualitative approach was chosen because it allows researchers to dig deeper into freedom of association and assembly in the context of Human Rights (HAM).

Currency Crime and Penal Proportionality: Indonesia’s 2023 Criminal Code in Comparative Perspective Fahrizal, Fahrizal S.Siagian; Mulyadi, Mahmud; Putra, Panca Sarjana; Putra, Rengga Kusuma; Firouzfar, Saied
Jurnal Mulawarman Law Review Vol 10 No 2 (2025): Mulawarman Law Review - December 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

The enactment of the 2023 National Criminal Code (KUHP) has implications for the criminal justice system in various specific laws and regulations, including Law No. 7 of 2011 on Currency. This study aims to analyse the position and relevance of criminal sanctions in the Currency Law after the enactment of the 2023 National Criminal Code, using a comparative approach between civil law and common law systems. The study focuses on the differences in philosophy, objectives of punishment, and proportionality of sanctions applied in Indonesia, Japan, and the United States. The research method used is normative-comparative legal research, with a statute approach, conceptual approach, and comparative approach. Data was obtained through a literature study of the 2023 Criminal Code, Law No. 7 of 2011, and currency regulations in several comparable countries. The results of the study show that the penal system in the Indonesian Currency Law is still repressive and symbolic in nature, emphasising the protection of the sovereignty of the Rupiah as a symbol of the state. This differs from the common law system (such as in the United States and the United Kingdom), which focuses on economic functions and public confidence in monetary stability, and the civil law system in Japan, which combines social moral values and economic stability. The enactment of the 2023 National Criminal Code opens up opportunities for harmonisation and reconstruction of criminal policy to be more proportional, humanistic, and in line with developments in the global legal system without reducing the value of the Rupiah's sovereignty.

Beyond Impunity: Reconstructing Criminal Accountability for Torture by Law Enforcement Officials Suhendar, Suhendar; Permana, Virgiawan Cikal; Putra, Rengga Kusuma
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1389

Torture perpetrated by law enforcement officials continues to occur within Indonesia’s criminal justice system despite explicit constitutional prohibitions and binding international human rights commitments. This persistence indicates deficiencies in the framework of criminal accountability and contributes to entrenched patterns of impunity. This study examines the normative and structural obstacles to prosecuting torture and reconstructs a more effective model of criminal accountability. Employing a normative legal method with statutory and conceptual approaches, the research analyzes constitutional provisions, national legislation, and relevant doctrinal sources. The findings reveal that ambiguous regulatory formulations, the predominance of an individualistic paradigm in criminal law, the absence of a specific and autonomous offence of torture, and the lack of structural accountability mechanisms collectively weaken enforcement. Moreover, existing legal frameworks insufficiently address command responsibility and institutional dimensions of abuse, thereby reinforcing systemic impunity. The study concludes that criminal law reform should incorporate explicit recognition of torture as a distinct offence, expand accountability within hierarchical command structures, and strengthen independent oversight and victim protection mechanisms. Harmonization with international standards and the establishment of effective enforcement mechanisms are recommended to ensure consistent and transparent prosecution of torture cases.

Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Ikawati, Linda; Putra, Rengga Kusuma; Nugraha, Satriya; Saraya, Sitta; Mardani, Retno Eko
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.

Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Ikawati, Linda; Putra, Rengga Kusuma; Nugraha, Satriya; Saraya, Sitta; Mardani, Retno Eko
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.

Legal Protection Of Women Victim Online Gender-Based Violence (KBGO) Putra, Rengga Kusuma; Khasanah, Dian Ratu Ayu Uswatun; Karisma, Dian; Idris, Maulana Fahmi; Pongantung, Ronald Jolly
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5250

Violence today does not only occur in the real world, but with the development of internet technology, it opens up opportunities for perpetrators to commit acts of violence by utilizing the internet, known as online gender-based violence (GBV). KBGO is more vulnerable to women and children, which not only causes suffering for victims physically, psychologically and even economically. The rights of victims have been deprived and their interests have been harmed by the perpetrators, so victims really need legal protection so that their rights are restored and their interests can be protected. Legal protection for victims of violence is provided by considering the losses suffered by victims, namely in the form of material and immaterial losses. Legal protection for women victims of online gender-based violence (KBGO), not only imposes punishment on the perpetrators of violence in the form of imprisonment and/or fines, but also provides the rights of victims who have been deprived and whose interests have been harmed by the actions of the perpetrators. The punishment that can be imposed on the perpetrators of violence has been regulated in Law Number 12 of 2022, including in the provisions of Article 14 and Article 15, with imprisonment and/or fines, even restitution, imposition of additional punishment or measures in the form of rehabilitation for the perpetrators, as stipulated in Article 16 and Article 17 of Law Number 12 of 2022. For legal protection of the rights of victims of violence, among others, it is regulated in Article 66 to Article 70 of Law Number 12 of 2022, which includes the right to handling, the right to protection and the right to recovery.Keywords:KBGO, Legal Protection, Victims, Women

CONSTITUTIONAL REVIEW OF THE RIGHT TO EDUCATION: AN ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 3/PUU-XXII/2024: TINJAUAN KONSTITUSIONAL TENTANG HAK ATAS PENDIDIKAN: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NOMOR 3/PUU-XXII/2024 Putra, Rengga Kusuma; Saraswati, Retno; Hermanto, Bagus; Wardhani, Lita Tyesta Addy Listya; Nugraha, Satriya
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.136

Decision No. 3/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia represents a significant development in the trajectory of Indonesian legal politics, particularly in relation to right to education as the constitutional protection enshrined in the 1945 Constitution. Although the ruling carries substantial implications for the interpretation of state obligations in the education sector, scholarly discussion has largely focused on the doctrinal aspects of constitutional adjudication, leaving limited attention to the broader fiscal and political implications of the decision within Indonesia’s governance framework. This study therefore seeks to examine the constitutional meaning and policy consequences of the ruling through a descriptive qualitative approach, with particular attention to the normative structure of the Court’s reasoning and the social justice values underlying its interpretation. The analysis focuses on how the Constitutional Court articulates the relationship between constitutional mandates, state responsibility, and the protection of individual educational rights within the broader framework of Indonesia’s welfare-oriented constitutionalism. The findings indicate that Decision No. 3/PUU-XXII/2024 strengthens the constitutional status of education as a positive right that requires active state intervention. At the same time, the ruling clarifies the scope of governmental obligations in ensuring equitable access to education while implicitly raising questions regarding fiscal allocation, institutional capacity, and policy prioritisation in the implementation of constitutional guarantees. By situating the decision within the broader discourse on the political theory of education law and the adjudication of socio-economic rights, this article contributes to the development of a normative framework that understands education not purely as a matter of public policy but as a constitutionally mandated instrument for achieving social justice. Ultimately, the study argues that the decision reflects a more responsive orientation in Indonesian legal politics, one that seeks to align constitutional interpretation with the pursuit of substantive equality in the national education system.

Ketegangan antara Independensi Kekuasaan Kehakiman dan Politik Pengisian Hakim Konstitusi di Indonesia Yakub, Sandra; Putra, Rengga Kusuma; Wardhani, Lita Tyesta Addy Listya; Wisnaeni, Fifiana; Karisma, Dian
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 1 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum (On Progress)
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i1.1817

The appointment mechanism of constitutional court judges represents a critical intersection between judicial independence and democratic legitimacy. In Indonesia, the tripartite nomination model involving the President, the House of Representatives, and the Supreme Court was originally designed to embody checks and balances. However, recent institutional developments raise concerns regarding structural vulnerabilities within this design. This article examines whether Indonesia’s appointment model adequately safeguards judicial independence or instead generates institutional dependency. Employing normative juridical analysis combined with a functional comparative approach, the study compares Indonesia’s system with those of Germany and South Korea, both of which operate centralized constitutional review mechanisms. This article argues that Indonesia’s fragmented yet majoritarian appointment structure structurally produces appointment dependency, distinguishing it from the institutionalized political constraint models found in Germany and South Korea. While political involvement in judicial selection is not inherently incompatible with judicial independence, the absence of supermajoritarian consensus requirements and structured public scrutiny increases the risk of majoritarian capture. The article proposes a reconstruction of Indonesia’s appointment design through the introduction of qualified majority requirements and institutionalized public deliberation mechanisms. Such reforms aim to recalibrate the balance between democratic legitimacy and judicial autonomy within Indonesia’s constitutional framework.

Title

Found 29 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 29 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 29 Documents
Search